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Breach of warranty in Hong Kong: in theory and in practice - Leung Yuet Ping v Manulife
- Edwards Wildman Palmer LLP
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- Hong Kong
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- September 3 2009
Where an insured fails to provide his insurer with accurate information at the time of taking out an insurance policy, Hong Kong law provides the insurer with a number of potential remedies, including the right to avoid the contract, and possibly to claim damages, for misrepresentation
Terminating contracts with insurance agents
- Edwards Wildman Palmer LLP
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- Hong Kong
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- January 14 2010
In the recent case of Leung Chee Kuen Carol Macrady v American International Assurance Co (Bermuda) Ltd 2009 HKEC 1826, the court was asked to consider whether the insurance company AIA had wrongfully terminated its relationship with the plaintiff
The effect of an arbitration agreement in an insurance policy
- Edwards Wildman Palmer LLP
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- Hong Kong
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- March 30 2010
The recent High Court judgment in Rondabosh International Ltd v China Ping An Insurance (Hong Kong) Co Ltd 2009 HKEC 2103 demonstrates the effect of an arbitration agreement in an insurance policy
Insurers win at Court of First Instance in Severe Acute Respiratory Syndrome claim dispute
- Edwards Wildman Palmer LLP
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- Hong Kong
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- May 12 2010
In World Harbourview Hotel Co. Ltd & Others v ACE Insurance & Others 2010 HKCFI 327, the High Court of the Hong Kong Special Administrative Region Court of First Instance considered a claim filed under insurance policies in respect of business interruption suffered as a result of the outbreak of Severe Acute Respiratory Syndrome (SARS) in 2003
Clear-cut tests preferred in the interpretation of policy terms - New World Harbourview Hotel Company Limited & ors v. Ace Insurance Limited & ors
- Mayer Brown LLP
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- Hong Kong
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- May 11 2010
In a recent decision, the Court was invited to give directions on a number of issues in dispute between the insureds and their insurers, with respect to the interpretation of terms concerning business interruption losses under two Composite Mercantile Policies
Lessons from the CJR - sanctioned offer in practice
- Mayer Brown LLP
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- Hong Kong
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- May 14 2010
The recent decision in Fung Wing Yee (a minor) v. Chen Jung Chien demonstrates how the Court applies the new rules on sanctioned offer and awards enhanced costs and interests to the Plaintiff, who had done better at trial than her sanctioned offer to the Defendant
Court finds no employment contract between the applicant and the respondent
- Mayer Brown LLP
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- Hong Kong
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- December 9 2010
EC insurers are invariably faced with claims where contractors claim to be employees so as to be entitled to employees' compensation
UK Supreme Court removes immunity for expert witnesses in litigation. Will Hong Kong follow suit?
- Herbert Smith Freehills LLP
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- Hong Kong, United Kingdom
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- April 28 2011
The UK Supreme Court (the successor to the House of Lords) has, in Jones v Kaney 2011 UKSC 13 (Jones), abolished the long-standing immunity experts have enjoyed in respect of liability for negligence arising from giving or assisting with evidence in litigation
An independent contractor is not a shield to liability!
- Mayer Brown LLP
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- Hong Kong
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- March 14 2011
The Court of Final Appeal (CFA) decided in Luen Hing Fat Coating & Finishing Factory Limited v. Waan Chuen Ming (FACV 192009) that an occupier can be liable for injury caused by an independent contractor to the contractor's own employees, even if the contractor is apparently competent
Two years on from the civil justice reform: reducing delay in litigation and facilitating out-of-court settlements
- Clifford Chance LLP
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- Hong Kong
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- May 9 2011
The 2nd of April 2011 marked the two year anniversary of the substantial statutory reform to the practice and procedure of the Hong Kong Court system: the so-called "Civil Justice Reform" (CJR
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